4.0 Reparations
1.
2.
3.
4.
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The victim must be restored to their
prior situation. The reparations
must also compensate for all the
consequences of the violation, and
indemnification for material and
non-material damages, including
emotional harm. This principle must
take into consideration the timeframe, and the perpetrators should
contribute to reparations.
Reparations should be proportional
to the gravity of the violations and
the harm suffered. It must also
uphold and promote accepted
religious, individual, community and
traditional, transitional justice
mechanisms.
There must be a causal connection
between the reparations, the
violation found and the harm cause.
The primary responsibility for
reparations lies with the state.
Since harm is multidimensional, and
can lead to mental and psychological
suffering beyond the primary victim,
there is need to consider the next of
kin of direct victims of human
rights violations, their dependents
and persons who have suffered
harm in intervening to assist them or
to prevent victimisation, as victims
in their own right. Hence, there
should be a multi-disciplinar y
assessment.
5.
The rules of evidence in reparations
claims must be relaxed in favour of
victims. Due to many factors, it may
be hard for the victims to prove all the
nitty-gritty details of their violations
by strict r ules of procedure.
Therefore, victims need to enjoy
relaxed rules of a procedure such as
being allowed to rely on
circumstantial evidence or
presumptions.
6.
Victims should be informed of their
role and the scope, timing and
progress of the proceedings and the
disposition of their cases, especially
where serious crimes are involved.
7.
Victims should be treated with
humanity and respect for their dignity
and human rights. Appropriate
measures must be adopted to ensure
t h e i r s a f e t y, p h y s i c a l a n d
psychological well-being and privacy,
as well as those of their families.
8.
Reparations programmes must be
implemented without discrimination
on any of the grounds recognized by
international law. There must be no
particular preference to any timeframes.
Guiding Principles for Transitional Justice Policy and Practice in Zimbabwe
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